AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 35 of 379
Terminal 4 Gate Replacement – Western Expansion
8.4.4.6 Federal, state, municipal, sales, use and other taxes, as applicable to the
Project, all with respect to services performed or materials furnished for the
Work, it being understood that none of the foregoing includes federal, state or
local income or franchise taxes.
8.4.4.7 All reasonable costs and expenditures necessary for the operation of the
Project job site office(s), including cost of field computer equipment and
software. The CA shall determine the reasonableness of these costs and
shall approve in writing prior to these costs being incurred.
8.4.4.8 The proportion of necessary transportation, travel and subsistence expenses
of CONTRACTOR’s employees, excluding travel time, incurred in discharge
of duties connected with the Work except for local travel (within Broward,
Miami-Dade, or Palm Beach Counties) to and from the site of the Work.
8.4.4.9 Deposits lost for causes other than CONTRACTOR’s negligence; royalty
payments and fees for permits and licenses.
8.4.4.10 Cost of premiums for additional bonds required because of changes in the
Work.
8.4.4.11 Cost of special consultants, including, but not limited to, engineers, architects,
testing laboratories, surveyors, employed for services specifically related to
the Work.
8.4.4.12 Any other expenses or charges incurred, with the prior written approval of the
CA, in the performance of the Work.
8.5 Exclusions to Cost of the Work: Overhead is defined as any and all other costs, not
referenced in Section 8.4, of the CONTRACTOR and its operation which are not in direct
support of the Project. The CONTRACTOR agrees to furnish and perform, as a part of
the CONTRACTOR’s Fee and without reimbursement, said overhead items. The term
“Cost of the Work” shall not include any of the following:
8.5.1 Payroll costs and other compensation of CONTRACTOR’s officers, executives,
principals (of partnership, parent company, and sole proprietorship), general
managers, engineers, architects, estimators, lawyers, auditors, accountants,
purchasing and contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in its principal or a
branch office for general administration that are not specifically included in the
Management Services are to be considered administrative costs covered by
CONTRACTOR’s labor burden and in accordance with section 8.4.2.
8.5.2 Other than those expenses authorized by this Agreement, expenses of
CONTRACTOR’s principal and branch offices.
8.5.3 Any part of CONTRACTOR’s capital expenses, including interest on
CONTRACTOR’s capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
CM @ Risk Agreement R0787918R1 Page 34 of 85